Learning your child has cerebral palsy can be devastating. Being a parent already comes with challenges, and having a disabled child can be doubly so. Suddenly you are facing a myriad of doctors’ appointments, therapy recommendations and medication regimens. The total lifetime costs of care for cerebral palsy are well over what the average American family can afford.
What’s even more frustrating is often times cerebral palsy is caused by medical negligence. Consulting an attorney experienced in medical malpractice and birth injury lawsuits can help you better understand your legal rights and options to pursue the financial compensation your family needs.
- Section 1
- How Our Attorneys Can Help
- Section 2
- Our Experience with Cerebral Palsy Cases
- Section 3
- Proving Medical Malpractice in a Birth Injury Lawsuit
- Section 4
- Is There a Deadline to File a Cerebral Palsy Claim?
- Section 5
- How Long Does a Cerebral Palsy Lawsuit Last?
- Section 6
- What is the Goal of the Lawsuit?
How Our Attorneys Can Help
Once you receive a cerebral palsy diagnosis, speaking with an attorney who specializes in birth injury cases can help you understand your rights. For over 35 years, Oshman & Mirisola, LLP, has served New Yorkers, seeking justice for families victimized by medical malpractice and birth injury. We are devoted to assisting families and children with cerebral palsy and holding responsible parties accountable for careless medical errors that cause a lifetime of damage.
Once you decide to move forward with a lawsuit, we will gather all the necessary documentation to build a winning case. This includes gathering medical records, expert testimony and other forms of evidence. We can help evaluate whether cerebral palsy was in fact caused by malpractice.
We can help you gain access to much needed therapies, treatments and technologies to help your child live their fullest life. We can also help you prepare for their future by crafting a life plan to anticipate future costs and retrieve damages from the at-fault party.
Our Experience with Cerebral Palsy Cases
Previous successful cerebral palsy verdict and settlements include:
- $10,500,000 verdict in a medical malpractice case where the child suffered severe brain damage resulting from improper prenatal care. The physician noted in the chart the mother was at-risk for premature delivery but failed to provide adequate care.
- $42,000,000 settlement for a mother and child whose doctors failed to perform necessary procedures to prevent birth injury during labor.
Proving Medical Malpractice in a Birth Injury Lawsuit
To provide the financial compensation necessary to cover your child’s medical expenses, your attorney must prove the injury was caused by errors and mistakes of the doctor and medical staff. By carefully examining medical records and interviewing involved parties, your counsel can discover if the medical staff:
- Failed to properly diagnose and treat high-risk issues during prenatal development
- Failed to respond to fetal distress during delivery
- Failed to respond to hypertension in mother during labor and delivery
- Failed to order a c-section
- Used improper techniques during delivery
- Improperly used Pitocin
- Failed to respond to excessive bleeding in mother and/or infant
- Failed to have a pediatrician present to assess infant after delivery
Any of these factors can contribute to an infant developing the brain injuries that cause cerebral palsy.
Is There a Deadline to File a Cerebral Palsy Claim?
As with most personal injury lawsuits, cerebral palsy cases have a statute of limitation of 2 ½ years in the state of New York and New Jersey. If your child has cerebral palsy, or even if you suspect they do, it is imperative you contact a lawyer right away so you do not lose your right to file a claim.
How Long Does a Cerebral Palsy Lawsuit Last?
Cerebral palsy cases can be quite lengthy, with several months or even years before a settlement is reached. The reasons for this is manifold to ensure every process and paperwork necessary are gathered and filed correctly.
Once you decide to move forward with your cerebral palsy lawsuit, the attorneys at Oshman & Mirisola will begin to work diligently on your case. In addition to gathering evidence, we will issue a complaint to the defending party that details the reason for the medical malpractice lawsuit. The defendant will have 30 days to respond to this notice.
Thirty days after the complaint has been issued, the pre-trial process begins. During this phase of litigation, we will meet with the defendant’s attorney to see if a settlement can be reached out of court. If an agreement cannot be made, then the litigation will continue to trial. It’s important to keep in mind that the pre-trial process is often the longest phase.
The last phase of the cerebral palsy lawsuit process is settlement or trial. Many times, the defendant will choose to settle before trial begins. If your case does go to trial, the wait for a final verdict can also be lengthy. Rest assured we will go over all the detail at every step of the lawsuit process, an appeal any adverse decision should your case go to trial. However, we are optimistic that most cases can be settled and compensation received shortly afterwards.
What is the Goal of the Lawsuit?
The ultimate goal of a personal injury lawsuit is to provide adequate care for your child so they have the best and brightest future possible. Compensation for a cerebral palsy lawsuit includes actual and punitive damages. Actual damages include expenses for medical treatment, loss wages of the parents, and pain and suffering. Punitive damages are monies awarded for the negligence of the doctor and any medical staff involved.
If your child suffers from cerebral palsy and you wish to bring legal action against the parties responsible, please contact us today. We are here to listen. We are here to help. Please contact us today at (800) 400-8182.